Chief Isiah Mba Ejem & Ors. V. Chief Ugbor Ofia & Ors. (2000)

LawGlobal-Hub Lead Judgment Report

AKPIROROH, J.C.A. 

This is an appeal against the judgment of the High Court of Imo State holden in Afikpo Judicial Division delivered by Anyanwu J. on the 30th day of July, 1991 in suit No. HAF/3/77.

The appellants herein, acting for themselves and on behalf of the people of Etiti Edda and Oso Edda communities took out a writ or summons against the respondents herein and claimed as follows:-

(1) Declaration of title to the piece and parcel of land called Nchara Edda situate in Edda within jurisdiction. The annual value is less than N10.00.

(2) N50,000.00 being general damages for trespass to plaintiffs’ land.

(3) Perpetual Injunction restraining the defendants, their agents and servants from further interference with the plaintiffs land.

(4) In the alternative all Order of Court that the ADC be ordered to enter into an agreement of the lease with the plaintiffs and the payment to the plaintiffs by the defendants of any compensation paid by the A.D.C.

The case which was tried on the pleadings supported by evidence relates to a piece of land situate in Edda and known by the Plaintiffs as “Nchara” land means “leprosy or barren” and by the defendants as “Ala Elu Ukwa” land.

From the pleadings and the supporting evidence, the plaintiffs’ case is that, the land in dispute shown and verged pink in their survey plan No. MCE/414/78 (Exhibit A) is the land which they inherited from Omaka Okocha who founded it. He was later joined by other settlers to make up their community. In the exercise of rights of ownership and possession, they farmed on the land, reaped the economic trees on it and also rounded leper settlements on it undisturbed.

It is also their case that in 1959, one Okpani Agwu, a relation of the 2nd defendant came to the land to open an oil palm plantation, and they engaged the services of the 2nd defendant who wrote a petition for them and removed the said Okpanu Agwu from the land. In 1962, the 2nd defendant/appellant brought in Eastern Nigeria Development Corporation (ENDC) to the land in dispute. The enquiry of the plaintiffs through P.W.1 revealed that it was their land that the 2nd defendant gave to E.N.D.C. They lodged protests to the manager of the ENDC, the District officer of Afikpo and Bende, and one Chief Emok Ururuka. In 1966, the 2nd defendant/appellant invited PW1 to agree on the proposal by Chief Emole that the plantation when established, would be called “Edda and Nkporo Palm Estate”, but this arrangement was disrupted by the Nigerian civil war of 1966. In 1970, one Reverend Aso Oji brought a farm settlement to the land to be managed by the Christian Council of Nigeria and one Chief Okam Omaka of Amasonta Oso protested and the settlement was removed. The 2nd Defendant/Appellant without the knowledge and consent of the plaintiffs granted that land in dispute to E.N.D.C leaving their land intact.

Based on this deceit, the respondents instituted this action against the appellants.

The defendants/appellants denied the respondents’ claim to the land in dispute. The land in dispute is part of a larger piece of land called Ala Ukwa which was deforested by their ancestor, Ala Ochie who led other founders to it, and that they have been in possession of it at all material times. It is their case that they have a leper settlement on the land and that they allowed the respondent to bring lepers from their community to their leper settlements. In exercise of their rights of ownership, they granted portions of their land, Ala Ukwa, to the respondents who paid them annual rents. Later they expelled the tenants from the plaintiffs’ community for making adverse claims to the land but granted them an option to get fresh grants which were subsequently granted to them.

In 1962, they granted the land in dispute to E.N.D.C. (Eastern Nigerian Development Corporation) without protests from the respondents and that there was no intervention by one Chief Echeme Emole who was a Minister in the Government of Eastern Nigeria at that time. The sum of 10.00 Pounds paid to the 2nd defendant/appellant by the respondents was for procuring a hunter from Ikom who killed a wild animal that was harassing them on the land, and not for the eviction of Okani Agwu, his cousin, from the land in dispute.

At the end of the trial, the learned trial Judge delivered his judgment and granted all the reliefs sought in the amended statement of claim.